Mumbai Court April 2006 Judgments

Ashok Ganu Shelke Vs. State of Maharashtra and ors.

Court: Mumbai

Reported in: 2006(4)ALLMR474; 2007(1)BomCR488; 2006(5)MhLj657

D.Y. Chandrachud, J.1. In 1970, the ancestral land of the petitioner and his Joint Family, including erstwhile Survey Nos. 80, 89/2, 86/2 (part), 87/12 (1), 87/6(2), 87/1/2, 87/1/4, 91/1 and 91/2 from village Asudgaon in the Taluka of Panvel in the District of Raigad was acquired for the purposes of development of New Bombay. The Second respondent is a New Town Development Authority for Navi Mumbai under Section 113(3A) of the Maharashtra Regional and Town Planning Act, 1966. Arising out of the acquisition of lands for the Navi Mumbai Project, the State Government formulated a rehabilitation scheme for allotment of developed land to project affected persons under Government Resolutions dated 6th March, 1990 and 28th October, 1994. This scheme is popularly known as the '12.5 percent Scheme'. In the reply filed in these proceedings on behalf of the second respondent, it has been stated that under the area earmarked for allotment of land under the 12.5 percent Scheme, the petitioner was e...

Prabhakar S/O Pitambar Tambat Vs. State of Maharashtra

Court: Mumbai

Reported in: 2007(1)MhLj722

J.H. Bhatia, J.1. The accused has preferred the present appeal challenging the order of conviction passed by the learned Special Judge, Jalgaon in Special Case No. 7/1989, whereby the accused was convicted for the offence punishable under Section 7 and sentenced to undergo R.I. for 6 months and to pay fine of Rs. 2,000/- and was also convicted for the offence under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act and was sentenced to undergo R.I. for one year and to pay fine of Rs. 2,000/-.2. The prosecution case in brief is that during the year 1988-89 the accused-appellant was working as Sheristedar in the office of Deputy Collector, Amalner Sub-Division. On 17-3-1988 it was announced in the village Janwe that the Government intended to allot fair price shop and the interested parties could make an application to Sub-Divisional Officer Amalner. In view of this, complainant Bhatu Vikaram Patil, P.W.1 also applied for fair price shop for village Janwe, in th...

United India Insurance Co. Ltd. Vs. Veera Pandiyan Chinaswamy and anr.

Court: Mumbai

Reported in: IV(2006)ACC668

Abhay S. Oka, J.1. Rule. Respondent No. waives service. Heard the learned Advocates appearing for the parties.2. The appeal is preferred only by the insurer of the vehicle involved in the accident. In the Trial Court, a plea was taken by the appellant-Insurance Company that the driver of the concerned vehicle was not holding a valid and effective driving licence. In the Memorandum of Appeal, a plea is raised that the victim was travelling as a gratuitous passenger.3. It is well-settled position of law that the burden of establishing that there was a breach of policy condition by the insurer is always on the Insurance Company. Prima facie, it appears that the said burden is not discharged in this case as no evidence is led by the appellant. The case which is made out in the Memorandum of Appeal does not appear to have been made out in the Trial Court.4. Even if the appellant succeeds in the first appeal, the award which is made against the insurer will remain. In such an event, the appe...

Sunil Silk Mills and Mr. Sunil Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. The appellants are job workers and were receiving grey fabrics from several merchant manufacturers and customers for processing such fabrics on job work basis. Show cause notice dt. 20.2.1990 was issued to the applicants proposing to demand duty alleging clandestine production and removal of the processed fabrics based on the declarations in form 'R' submitted by the applicants with the octroi authority. The Department's case was that the statutory records, lot registers maintained by the appellants did not show entries of the receipt of the goods and their subsequent processing and clearances.They were of the view that the lot registers maintained by the appellant did not show the names of the merchant manufacturers from whom the said goods were received as declared by the appellants in the 'R' forms. It was thus observed by the officers that 24,80,204 Sq.Mtrs. Of Man Made Fabrics and 28,59,011 Sq. Mtrs. of Cotton Fabrics were received by the appellants and exported out of Mumbai ...

Leelam Roadways Vs. Commissioner of C. Ex. (Adj.)

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. This is an application for condonation of delay of 45 days in filing the appeal and stay petition.2. It was submitted that the applicant operates office himself along with a single employee at clerical level. Around 3-10-2005 the impugned Order-in-Original was received by the applicant sole employee who without notice resigned and proceeded to his native place for the Navratri/Diwali period beginning 4-10-2005 to 10-11-2005. The said employee did not inform the applicants about receipt of the envelope containing the impugned Order-in-Original and in fact carried it with him to his native place. Only on return 25-11-2005, the said employee approached the applicants re-seeking the job and handed over the envelope to the applicants. This has resulted in delay of about 45 days, which need to be condoned.3. We have considered the submissions. In view of the circumstances explained by the applicant, we condone the delay of 45 days in filing the appeal. The stay petition be listed for hea...

Fateh International Vs. the Dcit

Court: Income Tax Appellate Tribunal ITAT Mumbai

Reported in: (2007)104ITD305(Mum.)

1. This appeal by the assessee is against the order of CIT (A).Central-VI. Mumbai. dated 08 12.2004 relating to Assessment Year 2000-2001 against the order under Section 143(3) read with Section 147 of the IT Act.2. During the course of hearing, the assessee has raised the under mentioned additional ground of appeal 1. The learned Assessing Officer has erred on facts and in law by issuing Notice Under Section 148 and completing the assessment Under Section 147 of the Income Tax Act. 1961 and the said Notice Under Section 148 and order passed Under Section 147 are both had in law and liable to be quashed as no income could be said to have escaped by the appellant prior to issue of Notice Under Section 147. The Assessing Officer has already issued Notice Under Section 143(2) and the Return filed Under Section 139 was pending for assessment under Section 143(3) at the time of issue of Notice Under Section 148 The time limit to complete assessment Under Section 143(3) has not expired at t...

Uttamchand P. JaIn Vs. Income Tax Officer

Court: Income Tax Appellate Tribunal ITAT Mumbai

Reported in: (2006)103ITD1(Mum.)

1. This appeal by the assessee for asst, yr. 1998-99 is directed against the order of CIT(A)VI, Mumbai, dt. 21st Oct., 2003. We have heard the arguments of both the sides and have also perused the records.2. Ground No. 1 disputes the addition of Rs. 10,35,562 on account of alleged unaccounted income from sale of jewellery, which was declared under VDIS, 1997. The relevant facts, in brief are that the assessee had declared diamond jewellery weighing 65.75 cts. under VDIS, allegedly sold on 20th Jan., 1998 to M/s Dhananjay Diamonds (DD), proprietary concern of Shri Vishnudutt Trivedi (VDT). The IT Department had conducted a survey on 30th March, 2000 at the business premises of VDT and during the same the statement of VDT was recorded. During the said survey, the IT Department discovered that the transactions of purchase and sale of diamond by VDT and on that basis the AO reopened the case of assessee who had also sold diamonds to DD. The AO, accordingly treated the sale of diamonds by ...

Awdesh Vasistha Tiwari and ors. Vs. the Chief Executive Officer, Slum ...

Court: Mumbai

Reported in: 2006(4)ALLMR67; 2006(5)BomCR772; 2006(4)MhLj282

Abhay S. Oka, J. 1. Rule. The Respondents waive service. By consent of the learned Counsel appearing for the parties taken up for final hearing forthwith. Contesting Respondents have filed their replies and the Petitioners have filed their rejoinder. 2. Certain important issues have been raised in this Writ Petition under Article 226 of the Constitution of India regarding the procedure to be followed by the Slum Rehabilitation Authority (for short SRA) while considering the Applications made by the owners/ developers/ proposed co-operative societies of slum dwellers. With a view to understand the controversy involved in this Petition, a brief reference will have to be made to the facts of the case. 3. The Petitioners claim that the Petitioner No. 20 is a proposed Co-operative Housing Society formed by hutment dwellers residing on plot of land bearing city survey Nos. 522 to 526, 528 to 532, 533(PT), 534 to 537 admeasuring about 15,600 Sq.mts. situated at village Malad, Taluka Borivali,...

Om-sai Darshan Cooperative Housing Society (Proposed) and Chandrakant ...

Court: Mumbai

Reported in: 2007(1)BomCR476

Abhay S. Oka, J.1. Rule. Shri Sawant learned G.P. waives service for Respondents Nos. 1, 3 and 6. Shri Utangale waives service for Respondent No. 2, Shri Shah waives service for Respondent No. 4 and Shri Jakhadi waives for Respondent No. 5. Shri Patwardhan waives service for Respondent No. 7. Considering the facts and circumstances of the case and with the consent of the Counsel appearing for the parties, the petition is immediately taken up for final hearing. The contesting Respondents have already filed their replies. The Petitioners have filed their rejoinder also. 2. This petition under Article 226 of the Constitution of India interalia seeks to challenge the orders of eviction dated 4th March 2005 issued by the Respondent No. 3 (Mumbai Housing and Area Development Board) against the members of the Petitioner No. 1-proposed society under Sections 33 and 38 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (hereinafter referred to as 'the Slum Act')....

HussaIn Khan S/O Haji Kale Khan Vs. Shah Babu Education Society

Court: Mumbai

Reported in: 2006(4)BomCR726; 2006(4)MhLj553

Joshi A.H., J.1. The petition proceeds on admitted facts which are as follows:(a) Respondent No. 1 is a Minority Institution as contemplated by Article 30 of the Constitution of India.(b) The petitioner is an employee, a senior most teacher engaged in respondent No. 1's Jr. College who is in employment since 2.8.1971.(c) Due to retirement of Mr. M.H. Kabir, the Head Master with effect from 30.6.1992, the post of Head Master became available, on which respondent No. 1 appointed respondent No. 2.(d) The Management took recourse to Section 3(2) of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, claiming that it has a privilege to appoint the Head of the School by not following the mandate contained in Sub-section 1 of Section 3.2. Aggrieved by the appointment of Respondent No. 2 and consequential suppression of the petitioner's claim, he preferred an appeal under Section 9(1)(b) of the said Act, which was registered as Appeal No. 106 of 1992. The sai...